COVID-19 Response (Further Management Measures) Legislation Bill

  • enacted

Schedule 11 Health

s 3

1 Amendments to Mental Health (Compulsory Assessment and Treatment) Act 1992

This schedule amends the Mental Health (Compulsory Assessment and Treatment) Act 1992.

2 New section 2AA inserted (Meaning of mental health practitioner during COVID-19 response)

After section 2, insert:

2AA Meaning of mental health practitioner during COVID-19 response

In this Act, unless the context otherwise requires,—

mental health practitioner means—

(a)

a medical practitioner; or

(b)

a nurse practitioner; or

(c)

a registered nurse practising in mental health

registered nurse practising in mental health means a health practitioner who—

(a)

is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of the presence of mental disorder as defined under this Act; and

(b)

holds a current practising certificate.

3 New section 2B inserted (Modification to section 2A during COVID-19 response)

After section 2A, insert:

2B Modification to section 2A during COVID-19 response

In section 2A(b), “health practitioner” is modified to “mental health practitioner”.

4 New section 6A inserted (Use of audiovisual links permitted during COVID-19 response)

After section 6, insert:

6A Use of audiovisual links permitted during COVID-19 response

(1)

This section applies if—

(a)

a clinician, psychiatrist, or mental health practitioner exercises a power under this Act that requires access to a person; or

(b)

a Judge, any person directed by a Judge, or a member of a Review Tribunal is required to examine a person under this Act.

(2)

If the clinician, psychiatrist, or mental health practitioner considers that it is not practicable for the person to be physically present, the clinician, psychiatrist, or mental health practitioner may use an audiovisual link to access the person to exercise a power under this Act.

(3)

If the Judge or member of the Review Tribunal considers that it is not practicable for the person to be physically present for an examination, the Judge, a person directed by a Judge, or a member of a Review Tribunal may use an audiovisual link to examine the person under this Act.

(4)

In this section, audiovisual link, in relation to the exercise of a power in respect of a person under this Act, means facilities that enable both audio and visual communication with the person.

5 New section 7B inserted (Modification to section 7A during COVID-19 response)

After section 7A, insert:

7B Modification to section 7A during COVID-19 response

In section 7A(1)(a), “health practitioner” is modified to “mental health practitioner”.

6 New section 8C inserted (Modification to section 8B during COVID-19 response)

After section 8B, insert:

8C Modification to section 8B during COVID-19 response

In section 8B(1) to (5), “health practitioner” is modified to “mental health practitioner” in each place.

7 New section 9A inserted (Modifications to section 9 during COVID-19 response)

After section 9, insert:

9A Modifications to section 9 during COVID-19 response

(1)

In section 9(1), “the Director of Area Mental Health Services must make” is modified to “the Director of Area Mental Health Services or duly authorised officer must make”.

(2)

In section 9(1) and (3), “health practitioner” is modified to “mental health practitioner”.

8 New section 10A inserted (Modification to section 10 during COVID-19 response)

After section 10, insert:

10A Modification to section 10 during COVID-19 response

In section 10, “health practitioner” is modified to “mental health practitioner” in each place.

9 New section 11A inserted (Modification to section 11 during COVID-19 response)

After section 11, insert:

11A Modification to section 11 during COVID-19 response

In section 11(1) and (2), “health practitioner” is modified to “mental health practitioner” in each place.

10 New section 38A inserted (Modifications to section 38 during COVID-19 response)

After section 38, insert:

38A Modifications to section 38 during COVID-19 response

(1)

In section 38(2)(b), (3), and (4), “medical examination” is modified to “examination”.

(2)

In section 38(3) to (6), “medical practitioner” is modified to “mental health practitioner” in each place.

11 New section 41A inserted (Modification to section 41 during COVID-19 response)

After section 41, insert:

41A Modification to section 41 during COVID-19 response

In section 41(3)(b), (4)(a), and (4)(b)(ii), “medical examination” is modified to “examination”.

12 New section 42A inserted (Modification to section 42 during COVID-19 response)

After section 42, insert:

42A Modification to section 42 during COVID-19 response

In section 42(2)(c), “medical certificate” is modified to “assessment certificate”.

13 New section 45A inserted (Modification to section 45 during COVID-19 response)

After section 45, insert:

45A Modification to section 45 during COVID-19 response

In section 45(4)(d), “medical practitioner” is modified to “mental health practitioner”.

14 New section 96A inserted (Modification to section 96 during COVID-19 response)

After section 96, insert:

96A Modification to section 96 during COVID-19 response

In section 96(4) and (5), “health practitioner” is modified to “mental health practitioner” in each place.

15 New section 97A inserted (Visitations by remote technology permitted while epidemic notice in force for COVID-19)

After section 97, insert:

97A Visitations by remote technology permitted while epidemic notice in force for COVID-19

(1)

A district inspector or an official visitor may make a visit required by section 96 using remote technology, if the district inspector or official visitor considers that it is not practicable to make the visit in person.

(2)

If a district inspector or an official visitor makes a visit required by section 96 using remote technology, —

(a)

the hospital or service must provide them with the means to—

(i)

visually inspect all areas of the hospital or service; and

(ii)

communicate with every person in the hospital or service, whether detained or not; and

(b)

any information required to be provided under section 97(2) may be provided by electronic means.

(3)

In this section, remote technology means technology that enables a person to—

(a)

view a place at which they are not physically present; and

(b)

communicate with a person at that place.

(4)

This section is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

16 New section 109A inserted (Modification to section 109 during COVID-19 response)

After section 109, insert:

109A Modification to section 109 during COVID-19 response

In section 109(1)(b), (2), (3), (3A), and (4)(b), “medical practitioner” is modified to “mental health practitioner”.

17 New section 110AA inserted (Modifications to section 110 during COVID-19 response)

After section 110, insert:

110AA Modifications to section 110 during COVID-19 response

(1)

In the heading to section 110, “medical practitioner” is modified to “mental health practitioner”.

(2)

In section 110, “medical practitioner” is modified to “mental health practitioner” in each place.

(3)

In section 110(1)(a) and (4), “medical examination” is modified to “examination”.

18 New section 110BA inserted (Modifications to section 110 during COVID-19 response)

After section 110B, insert:

110BA Modifications to section 110B during COVID-19 response

(1)

In the heading to section 110B, “medical practitioner” is modified to “mental health practitioner”.

(2)

In section 110B, “medical practitioner” is modified to “mental health practitioner” in each place.

19 New section 110D inserted (Modifications to section 110C during COVID-19 response)

After section 110C, insert:

110D Modifications to section 110C during COVID-19 response

(1)

In section 110C(1) and (2), “medical practitioner” is modified to “mental health practitioner” in each place.

(2)

In section 110C(3)(a), “medical examination” is modified to “examination”.

20 New section 111A inserted (Modification to section 111 during COVID-19 response)

After section 111, insert:

111A Modification to section 111 during COVID-19 response

In section 111, “medical practitioner” is modified to “mental health practitioner” in each place.

21 New section 127A inserted (Modification to section 127 during COVID-19 response)

After section 127, insert:

127A Modification to section 127 during COVID-19 response

In section 127(8), “medical certificates” is modified to “assessment certificates”.

22 New section 134A inserted (Modification to section 134 during COVID-19 response)

After section 134, insert:

134A Modification to section 134 during COVID-19 response

In section 134(1), (2), and (5), “medical practitioner” is modified to “mental health practitioner”.

23 New section 137A inserted (Temporary COVID-19 response provisions repealed)

After section 137, insert:

137A Temporary COVID-19 response provisions repealed

(1)

Sections 2AA, 2B, 6A, 7B, 8C, 9A, 10A, 11A, 38A, 41A, 42A, 45A, 96A, 109A, 110AA, 110BA, 110D, 111A, 127A, 134A, and clauses 3A and 8A of Schedule 1 are repealed on the earlier of the following:

(a)

31 October 2021:

(b)

a date set by the Governor-General by Order in Council on the recommendation of the Minister.

(2)

The Minister may recommend the making of an Order in Council under subsection (1)(b) only if the Minister is satisfied that it is unnecessary for the provisions specified in subsection (1) to remain in force because—

(a)

the effects of COVID-19 have diminished to such an extent that it is no longer necessary to rely on the changes made to the law by those provisions; or

(b)

for any other reason arising since the commencement of those provisions, it is no longer necessary for those provisions to remain in force.

24 Schedule 1 amended

(1)

In Schedule 1, after clause 3, insert:

3A Attendance by remote technology during COVID-19 response

(1)

A Review Tribunal may determine that a participant be permitted to appear at a hearing by remote technology if the Tribunal considers that it is not practicable for the participant to be physically present.

(2)

The Tribunal must take into account the following criteria when making a determination:

(a)

the available remote technology must allow, wherever reasonably practicable, the person to be both heard and seen:

(b)

the potential impact of the use of the technology on the effective maintenance of the rights of the person under clause (3), including the right to assess the credibility of witnesses and the reliability of evidence presented to the Tribunal:

(c)

any other relevant matters.

(3)

In this clause,—

(a)

participant, in relation to a hearing, means a person who is, in that hearing, any of the following:

(i)

a party:

(ii)

the patient:

(iii)

a person referred to in clause 2(6):

(iv)

counsel:

(v)

a witness:

(vi)

a member of the Review Tribunal; and

(b)

remote technology, in relation to a participant’s appearance at a hearing, means technology that enables communication between participants, when some or all of them are not physically present at the place of the hearing.

(2)

In Schedule 1, after clause 8, insert:

8A Clause 8 modified during COVID-19 response

In clause 8(2)(b)(i), “medical professions” is modified to “health professions”.